(a) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be
entitled, within 30 days of the date of decision of the Foundation, to reject the establishment or expansion of any Agricultural
Preservation District or the acquisition of a preservation easement, and the decisions of the Foundation on such matters shall
be subject to right of rejection exercisable by the Secretary of the Department of Agriculture. If the right of rejection
as provided herein is exercised, the Secretary of the Department of Agriculture shall notify the Foundation in writing of
such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject by providing
notification to such effect to the Foundation. Failure to act on the part of the Secretary of the Department of Agriculture
within the specified 30-day period shall constitute an affirmation of the decision of the Foundation.
(b) In the event of rejection of an application by the Secretary of the Department of Agriculture for establishment or expansion
of any Agricultural Preservation District or the acquisition of a preservation easement, such application shall be considered
denied and not subject to reconsideration for a period of at least 1 year.
(c) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be
entitled, within 30 days of the date of adoption of criteria for establishment and maintenance of Agricultural Preservation
Districts pursuant to § 904(a)(1) of this title, to reject in whole or in part such criteria as adopted by the Foundation.
If the right of rejection as provided herein is exercised, the Secretary of the Department shall notify the Foundation in
writing of such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject
by providing notification to such effect to the Foundation. Failure to act within the specified 30-day period shall constitute
an affirmation of the decision of the Foundation. In response to the exercise of the right of rejection the Foundation shall
be entitled to adopt alternative criteria, which action shall also be subject to the right of rejection provided herein.
68 Del. Laws, c. 118, § 2.;
§ 920. Enforcement of restrictions.
(a) The Foundation shall be entitled to take action in any court of competent jurisdiction to enforce any restrictions or
requirements imposed under this chapter, duly adopted regulations and binding legal instruments. In any such action the Foundation
shall, if it prevails, be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees.
The Foundation shall also be entitled to recover in any such action all tax benefits conferred under § 911 of this title,
plus one and one-half percent per month of tax benefit amounts computed on a compound basis from the date the tax benefit
was first realized to the date of judgment.
(b) Any person who violates a District restriction, requirement imposed in a preservation easement or the provisions of §
910(a) of this title, shall, after notification and failure to correct the violation, be subject to a civil penalty of not
less than $50 but not more than $200 for each completed violation. If the violation continues for a number of days, each
day of such violation shall be considered a separate violation. Unless joined to an action under subsection (a) of this section,
a civil penalty claim hereunder shall be filed in any Court of Common Pleas. Any civil penalties recovered shall be paid
to the Fund.
(c) The Foundation shall be entitled to take action, including an action by monition, in any court of competent jurisdiction
to enforce liens and to collect the Foundation's share of roll-back taxes, including penalties, which are due under the provisions
of § 921(c) of this title. In any such action the Foundation shall be entitled to proceed through its legal counsel, without
the need of obtaining any prior approval, and the Foundation shall, if it prevails, be entitled to recover its reasonable
costs and expenses, including reasonable attorney's fees. Nothing contained herein shall preclude a county or school district
from pursuing legal action to collect, on behalf of the Foundation, the Foundation's share of the roll-back tax through either
independent action or as part of another action. Upon collection of the Foundation's share of the roll-back tax through such
legal action the amount collected, after deduction of the seven and a half percent administration charge, shall be forwarded
to the Foundation.
68 Del. Laws, c. 118, § 2; 68 Del. Laws, c. 371, § 6.;
§ 921. Funding.
(a) The Director of the Office of Management and Budget and the Controller General are authorized to transfer the sum of $48,000
from the Office of Management and Budget Contingency Appropriation Salary, (10-02-04), contained in Senate Bill No. 500 of
the 135th General Assembly (Fiscal Year 1991 Appropriation Act) for use by the Foundation to carry out the purposes of this
chapter. Any Foundation funds not otherwise appropriated or encumbered as of June 30, 1991, shall be considered a continuing
appropriation for Fiscal Year 1992.
(b) The Secretary of the Department of Agriculture is hereby authorized and directed, on behalf of the Foundation, to apply
on or before August 1, 1991, for federal funding available to the State under the Farms for the Future Act of 1990 (7 U.S.C.
§ 4201 et seq.) by submitting any necessary applications and taking such other action to qualify for eligibility.
(c) All moneys collected by the respective county receiver of taxes, treasurer or director of finance as the Foundation's
share of roll-back taxes under § 8335(d) of Title 9 shall, when collected and after deduction of the seven and a half percent
administration charge, be transferred to the Foundation for use in carrying out the purposes of this chapter. The Foundation
shall be entitled to adopt and impose procedures and requirements to assure collection of its share of roll-back taxes and
the Foundation shall be entitled to notify county taxing authorities of lands subject to the agricultural lands preservation
assessment and upon such notification such county taxing authorities shall include the amount due on the property tax statements
submitted with respect to the converted lands. Nonpayment of the Foundation's share of the roll-back tax, including penalties,
shall when payable result in the imposition of a lien on the land for nonpayment, which lien shall qualify for all purposes
as a lien under § 2901 of Title 25.
(d) There is hereby established a Committee on Funding for Farmland Preservation, which shall consist of 2 members of the
Delaware Senate as appointed by the President Pro Tem of the Senate, 2 members of the Delaware House of Representatives as
appointed by the Speaker of the House of Representatives and 3 members appointed by the Governor. The Committee shall review
and consider ways and means of providing reliable, short-term and long-term funding for the permanent preservation of viable
agricultural lands. The Committee shall also review and consider ways and means of creating economic incentives for the establishment
and expansion of Agricultural Preservation Districts and the acquisition of agricultural lands preservation easements, such
as the use of tax credits for activities undertaken in Agricultural Preservation Districts which reduce or eliminate the impact
of the release of pollutants to the environment. The Committee shall report its findings to the Governor and the General Assembly
on or before March 1, 1993.
(e) All moneys directed to the Foundation under this chapter, either directly or indirectly, shall be for the exclusive benefit
of the Foundation in carrying out the purposes of this chapter. Such funding shall be considered separate and distinct from
any other funding authorization, even though the funding amount may be determined on the basis of tax rates, assessments or
by other means used by other entities.
68 Del. Laws, c. 118, § 2; 68 Del. Laws, c. 306, § 1; 68 Del. Laws, c. 371, §§ 4, 5; 75 Del. Laws, c. 88, § 21(2).;
§ 922. Condemnation of Preservation District lands.
Nothing contained in this chapter shall prohibit the exercise of powers of eminent domain or condemnation with respect to
lands located in an Agricultural Preservation District; provided, however, that the compensation paid for such lands by the
condemning authority shall be based on the highest and best development use of the property with no consideration given to
the restrictions and limitations imposed under this chapter; and provided further, that the condemning authority shall also
include in its taking such additional lands rendered unusable or unprofitable for intended agricultural uses. Payment of compensation
shall be made to the owner or, in the event the property is subject to a preservation easement, to the owner and the Foundation
in accordance with their respective interests.
68 Del. Laws, c. 118, § 2.;
§ 923. Interim Foundation staffing.
(a) Until such time that funding is available to support a permanent Foundation staff, the staff support necessary for Foundation
activities provided under this chapter shall be provided by the Agricultural Lands Preservation Section of the Department
of Agriculture. Such Section shall, within 9 months of July 8, 1991, prepare in coordination with the Department of Natural
Resources and Environmental Control and the Planning and Zoning Commissions of the respective counties, for review and consideration
of the Foundation, the following:
(1) Proposed additional criteria for establishment and maintenance of Agricultural Preservation Districts;
(2) A proposed selection system for scoring, ranking and prioritizing applications for conveyance of preservation easements;
(3) A draft statewide agricultural lands preservation strategy; and
(4) Proposed procedural rules and regulations for conduct of the internal affairs of the Foundation, including the development
of draft application forms and procedures for conducting business.
(b) The Department of Agriculture shall provide to the Foundation the administrative support necessary for the organization
of the Foundation, including accommodations for meetings until such time that an office is opened by the Foundation.
(c) The Foundation shall, from its sources of funding, reimburse the Department of Agriculture for any out-of-pocket costs
expended by the Department of Agriculture on behalf of the Foundation which are related to efforts undertaken by the Department
of Agriculture under this section.
68 Del. Laws, c. 118, § 2.;
§ 924. Governmental cooperation.
All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and
empowered to cooperate with, aid and assist the Foundation in effectuating this chapter and any amendment hereof or supplement
hereto.
68 Del. Laws, c. 118, § 2.;
§ 925. Recording.
The Foundation shall submit executed documents for recording in order to fully implement and enforce the provisions of this
chapter. The offices of the Recorder of Deeds for the respective counties shall receive and appropriately index any such
documents submitted by the Foundation. No recording cost, fee or charge of any nature shall be imposed for the recording of
any documents or other materials submitted by the Foundation for purposes of implementing the provisions of this chapter.
68 Del. Laws, c. 118, § 2; 70 Del. Laws, c. 51, § 3.;
§ 926. Tax status.
The duties and functions exercised by the Foundation under this chapter, and any amendments hereof or supplements hereto,
are and will be in all respects for the benefit of the people of the State and for the protection of their health and welfare.
To this end, the Foundation shall be regarded as performing essential governmental functions in exercising such duties and
functions and in carrying out this chapter and any law relating thereto, and shall not be required to pay any taxes or assessments
of any character, levied either by the State or a political subdivision thereof, upon any of the property used by it for such
purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The acquisition and transfer
of preservation easements hereunder shall be exempt from all realty transfer tax imposed under Chapter 54 of Title 30 and
any county or municipal ordinance requiring payment of a realty transfer tax.
68 Del. Laws, c. 118, § 2.;
§ 927. Judicial review.
Judicial proceedings to review any rule, regulations or other action of the Foundation or to determine the meaning or effect
thereof may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date
of the promulgation of the rule or regulation or other action of the Foundation.
68 Del. Laws, c. 118, § 2.;
§ 928. Public hearings.
For any public hearing conducted under the provisions of this chapter, the Foundation shall provide at least 20 days advance
notice published in a daily newspaper of general circulation throughout the State. For a public hearing on a regulation or
plan proposed for adoption the notification shall include a brief description of the regulation or plan, the time and place
of the hearing, and time and place where copies of the proposed regulation or plan may be obtained or reviewed. A record
from which a verbatim transcript can be prepared shall be made of all public hearings and shall, along with the exhibits and
other documents introduced, constitute the record.
68 Del. Laws, c. 118, § 2.;
§ 929. Construction of chapter.
This chapter and the regulations promulgated thereunder shall be construed liberally to effectuate the legislative intent
and as complete authority for the performance of each and every act and thing herein authorized.
68 Del. Laws, c. 118, § 2.;
§ 930. Rules and regulations; investigations; review by Attorney General.
(a) The Secretary of the Department of Agriculture may establish and promulgate such rules and regulations as he deems necessary
to enforce the state policy established under this chapter.
(b) Whenever the Secretary of the Department of Agriculture has reason to believe that a public agency's action will have
an adverse impact on agriculture without an ample finding of public need or is harmful to the maintenance and preservation
of agricultural activities, the Secretary may conduct a hearing to investigate the actions and make recommendations consistent
with this chapter to the public agency.
(c) Whenever the public agency disagrees with the Secretary's recommendations, the Secretary may request the Attorney General
to review the record of the hearing on the matter and determine whether a Chancery Court action for injunctive relief consistent
with this chapter is warranted.
64 Del. Laws, c. 465, § 1; 68 Del. Laws, c. 118, § 1.;
(a) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be
entitled, within 30 days of the date of decision of the Foundation, to reject the establishment or expansion of any Agricultural
Preservation District or the acquisition of a preservation easement, and the decisions of the Foundation on such matters shall
be subject to right of rejection exercisable by the Secretary of the Department of Agriculture. If the right of rejection
as provided herein is exercised, the Secretary of the Department of Agriculture shall notify the Foundation in writing of
such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject by providing
notification to such effect to the Foundation. Failure to act on the part of the Secretary of the Department of Agriculture
within the specified 30-day period shall constitute an affirmation of the decision of the Foundation.
(b) In the event of rejection of an application by the Secretary of the Department of Agriculture for establishment or expansion
of any Agricultural Preservation District or the acquisition of a preservation easement, such application shall be considered
denied and not subject to reconsideration for a period of at least 1 year.
(c) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be
entitled, within 30 days of the date of adoption of criteria for establishment and maintenance of Agricultural Preservation
Districts pursuant to § 904(a)(1) of this title, to reject in whole or in part such criteria as adopted by the Foundation.
If the right of rejection as provided herein is exercised, the Secretary of the Department shall notify the Foundation in
writing of such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject
by providing notification to such effect to the Foundation. Failure to act within the specified 30-day period shall constitute
an affirmation of the decision of the Foundation. In response to the exercise of the right of rejection the Foundation shall
be entitled to adopt alternative criteria, which action shall also be subject to the right of rejection provided herein.
68 Del. Laws, c. 118, § 2.;
§ 920. Enforcement of restrictions.
(a) The Foundation shall be entitled to take action in any court of competent jurisdiction to enforce any restrictions or
requirements imposed under this chapter, duly adopted regulations and binding legal instruments. In any such action the Foundation
shall, if it prevails, be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees.
The Foundation shall also be entitled to recover in any such action all tax benefits conferred under § 911 of this title,
plus one and one-half percent per month of tax benefit amounts computed on a compound basis from the date the tax benefit
was first realized to the date of judgment.
(b) Any person who violates a District restriction, requirement imposed in a preservation easement or the provisions of §
910(a) of this title, shall, after notification and failure to correct the violation, be subject to a civil penalty of not
less than $50 but not more than $200 for each completed violation. If the violation continues for a number of days, each
day of such violation shall be considered a separate violation. Unless joined to an action under subsection (a) of this section,
a civil penalty claim hereunder shall be filed in any Court of Common Pleas. Any civil penalties recovered shall be paid
to the Fund.
(c) The Foundation shall be entitled to take action, including an action by monition, in any court of competent jurisdiction
to enforce liens and to collect the Foundation's share of roll-back taxes, including penalties, which are due under the provisions
of § 921(c) of this title. In any such action the Foundation shall be entitled to proceed through its legal counsel, without
the need of obtaining any prior approval, and the Foundation shall, if it prevails, be entitled to recover its reasonable
costs and expenses, including reasonable attorney's fees. Nothing contained herein shall preclude a county or school district
from pursuing legal action to collect, on behalf of the Foundation, the Foundation's share of the roll-back tax through either
independent action or as part of another action. Upon collection of the Foundation's share of the roll-back tax through such
legal action the amount collected, after deduction of the seven and a half percent administration charge, shall be forwarded
to the Foundation.
68 Del. Laws, c. 118, § 2; 68 Del. Laws, c. 371, § 6.;
§ 921. Funding.
(a) The Director of the Office of Management and Budget and the Controller General are authorized to transfer the sum of $48,000
from the Office of Management and Budget Contingency Appropriation Salary, (10-02-04), contained in Senate Bill No. 500 of
the 135th General Assembly (Fiscal Year 1991 Appropriation Act) for use by the Foundation to carry out the purposes of this
chapter. Any Foundation funds not otherwise appropriated or encumbered as of June 30, 1991, shall be considered a continuing
appropriation for Fiscal Year 1992.
(b) The Secretary of the Department of Agriculture is hereby authorized and directed, on behalf of the Foundation, to apply
on or before August 1, 1991, for federal funding available to the State under the Farms for the Future Act of 1990 (7 U.S.C.
§ 4201 et seq.) by submitting any necessary applications and taking such other action to qualify for eligibility.
(c) All moneys collected by the respective county receiver of taxes, treasurer or director of finance as the Foundation's
share of roll-back taxes under § 8335(d) of Title 9 shall, when collected and after deduction of the seven and a half percent
administration charge, be transferred to the Foundation for use in carrying out the purposes of this chapter. The Foundation
shall be entitled to adopt and impose procedures and requirements to assure collection of its share of roll-back taxes and
the Foundation shall be entitled to notify county taxing authorities of lands subject to the agricultural lands preservation
assessment and upon such notification such county taxing authorities shall include the amount due on the property tax statements
submitted with respect to the converted lands. Nonpayment of the Foundation's share of the roll-back tax, including penalties,
shall when payable result in the imposition of a lien on the land for nonpayment, which lien shall qualify for all purposes
as a lien under § 2901 of Title 25.
(d) There is hereby established a Committee on Funding for Farmland Preservation, which shall consist of 2 members of the
Delaware Senate as appointed by the President Pro Tem of the Senate, 2 members of the Delaware House of Representatives as
appointed by the Speaker of the House of Representatives and 3 members appointed by the Governor. The Committee shall review
and consider ways and means of providing reliable, short-term and long-term funding for the permanent preservation of viable
agricultural lands. The Committee shall also review and consider ways and means of creating economic incentives for the establishment
and expansion of Agricultural Preservation Districts and the acquisition of agricultural lands preservation easements, such
as the use of tax credits for activities undertaken in Agricultural Preservation Districts which reduce or eliminate the impact
of the release of pollutants to the environment. The Committee shall report its findings to the Governor and the General Assembly
on or before March 1, 1993.
(e) All moneys directed to the Foundation under this chapter, either directly or indirectly, shall be for the exclusive benefit
of the Foundation in carrying out the purposes of this chapter. Such funding shall be considered separate and distinct from
any other funding authorization, even though the funding amount may be determined on the basis of tax rates, assessments or
by other means used by other entities.
68 Del. Laws, c. 118, § 2; 68 Del. Laws, c. 306, § 1; 68 Del. Laws, c. 371, §§ 4, 5; 75 Del. Laws, c. 88, § 21(2).;
§ 922. Condemnation of Preservation District lands.
Nothing contained in this chapter shall prohibit the exercise of powers of eminent domain or condemnation with respect to
lands located in an Agricultural Preservation District; provided, however, that the compensation paid for such lands by the
condemning authority shall be based on the highest and best development use of the property with no consideration given to
the restrictions and limitations imposed under this chapter; and provided further, that the condemning authority shall also
include in its taking such additional lands rendered unusable or unprofitable for intended agricultural uses. Payment of compensation
shall be made to the owner or, in the event the property is subject to a preservation easement, to the owner and the Foundation
in accordance with their respective interests.
68 Del. Laws, c. 118, § 2.;
§ 923. Interim Foundation staffing.
(a) Until such time that funding is available to support a permanent Foundation staff, the staff support necessary for Foundation
activities provided under this chapter shall be provided by the Agricultural Lands Preservation Section of the Department
of Agriculture. Such Section shall, within 9 months of July 8, 1991, prepare in coordination with the Department of Natural
Resources and Environmental Control and the Planning and Zoning Commissions of the respective counties, for review and consideration
of the Foundation, the following:
(1) Proposed additional criteria for establishment and maintenance of Agricultural Preservation Districts;
(2) A proposed selection system for scoring, ranking and prioritizing applications for conveyance of preservation easements;
(3) A draft statewide agricultural lands preservation strategy; and
(4) Proposed procedural rules and regulations for conduct of the internal affairs of the Foundation, including the development
of draft application forms and procedures for conducting business.
(b) The Department of Agriculture shall provide to the Foundation the administrative support necessary for the organization
of the Foundation, including accommodations for meetings until such time that an office is opened by the Foundation.
(c) The Foundation shall, from its sources of funding, reimburse the Department of Agriculture for any out-of-pocket costs
expended by the Department of Agriculture on behalf of the Foundation which are related to efforts undertaken by the Department
of Agriculture under this section.
68 Del. Laws, c. 118, § 2.;
§ 924. Governmental cooperation.
All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and
empowered to cooperate with, aid and assist the Foundation in effectuating this chapter and any amendment hereof or supplement
hereto.
68 Del. Laws, c. 118, § 2.;
§ 925. Recording.
The Foundation shall submit executed documents for recording in order to fully implement and enforce the provisions of this
chapter. The offices of the Recorder of Deeds for the respective counties shall receive and appropriately index any such
documents submitted by the Foundation. No recording cost, fee or charge of any nature shall be imposed for the recording of
any documents or other materials submitted by the Foundation for purposes of implementing the provisions of this chapter.
68 Del. Laws, c. 118, § 2; 70 Del. Laws, c. 51, § 3.;
§ 926. Tax status.
The duties and functions exercised by the Foundation under this chapter, and any amendments hereof or supplements hereto,
are and will be in all respects for the benefit of the people of the State and for the protection of their health and welfare.
To this end, the Foundation shall be regarded as performing essential governmental functions in exercising such duties and
functions and in carrying out this chapter and any law relating thereto, and shall not be required to pay any taxes or assessments
of any character, levied either by the State or a political subdivision thereof, upon any of the property used by it for such
purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The acquisition and transfer
of preservation easements hereunder shall be exempt from all realty transfer tax imposed under Chapter 54 of Title 30 and
any county or municipal ordinance requiring payment of a realty transfer tax.
68 Del. Laws, c. 118, § 2.;
§ 927. Judicial review.
Judicial proceedings to review any rule, regulations or other action of the Foundation or to determine the meaning or effect
thereof may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date
of the promulgation of the rule or regulation or other action of the Foundation.
68 Del. Laws, c. 118, § 2.;
§ 928. Public hearings.
For any public hearing conducted under the provisions of this chapter, the Foundation shall provide at least 20 days advance
notice published in a daily newspaper of general circulation throughout the State. For a public hearing on a regulation or
plan proposed for adoption the notification shall include a brief description of the regulation or plan, the time and place
of the hearing, and time and place where copies of the proposed regulation or plan may be obtained or reviewed. A record
from which a verbatim transcript can be prepared shall be made of all public hearings and shall, along with the exhibits and
other documents introduced, constitute the record.
68 Del. Laws, c. 118, § 2.;
§ 929. Construction of chapter.
This chapter and the regulations promulgated thereunder shall be construed liberally to effectuate the legislative intent
and as complete authority for the performance of each and every act and thing herein authorized.
68 Del. Laws, c. 118, § 2.;
§ 930. Rules and regulations; investigations; review by Attorney General.
(a) The Secretary of the Department of Agriculture may establish and promulgate such rules and regulations as he deems necessary
to enforce the state policy established under this chapter.
(b) Whenever the Secretary of the Department of Agriculture has reason to believe that a public agency's action will have
an adverse impact on agriculture without an ample finding of public need or is harmful to the maintenance and preservation
of agricultural activities, the Secretary may conduct a hearing to investigate the actions and make recommendations consistent
with this chapter to the public agency.
(c) Whenever the public agency disagrees with the Secretary's recommendations, the Secretary may request the Attorney General
to review the record of the hearing on the matter and determine whether a Chancery Court action for injunctive relief consistent
with this chapter is warranted.
64 Del. Laws, c. 465, § 1; 68 Del. Laws, c. 118, § 1.;
(a) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be
entitled, within 30 days of the date of decision of the Foundation, to reject the establishment or expansion of any Agricultural
Preservation District or the acquisition of a preservation easement, and the decisions of the Foundation on such matters shall
be subject to right of rejection exercisable by the Secretary of the Department of Agriculture. If the right of rejection
as provided herein is exercised, the Secretary of the Department of Agriculture shall notify the Foundation in writing of
such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject by providing
notification to such effect to the Foundation. Failure to act on the part of the Secretary of the Department of Agriculture
within the specified 30-day period shall constitute an affirmation of the decision of the Foundation.
(b) In the event of rejection of an application by the Secretary of the Department of Agriculture for establishment or expansion
of any Agricultural Preservation District or the acquisition of a preservation easement, such application shall be considered
denied and not subject to reconsideration for a period of at least 1 year.
(c) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be
entitled, within 30 days of the date of adoption of criteria for establishment and maintenance of Agricultural Preservation
Districts pursuant to § 904(a)(1) of this title, to reject in whole or in part such criteria as adopted by the Foundation.
If the right of rejection as provided herein is exercised, the Secretary of the Department shall notify the Foundation in
writing of such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject
by providing notification to such effect to the Foundation. Failure to act within the specified 30-day period shall constitute
an affirmation of the decision of the Foundation. In response to the exercise of the right of rejection the Foundation shall
be entitled to adopt alternative criteria, which action shall also be subject to the right of rejection provided herein.
68 Del. Laws, c. 118, § 2.;
§ 920. Enforcement of restrictions.
(a) The Foundation shall be entitled to take action in any court of competent jurisdiction to enforce any restrictions or
requirements imposed under this chapter, duly adopted regulations and binding legal instruments. In any such action the Foundation
shall, if it prevails, be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees.
The Foundation shall also be entitled to recover in any such action all tax benefits conferred under § 911 of this title,
plus one and one-half percent per month of tax benefit amounts computed on a compound basis from the date the tax benefit
was first realized to the date of judgment.
(b) Any person who violates a District restriction, requirement imposed in a preservation easement or the provisions of §
910(a) of this title, shall, after notification and failure to correct the violation, be subject to a civil penalty of not
less than $50 but not more than $200 for each completed violation. If the violation continues for a number of days, each
day of such violation shall be considered a separate violation. Unless joined to an action under subsection (a) of this section,
a civil penalty claim hereunder shall be filed in any Court of Common Pleas. Any civil penalties recovered shall be paid
to the Fund.
(c) The Foundation shall be entitled to take action, including an action by monition, in any court of competent jurisdiction
to enforce liens and to collect the Foundation's share of roll-back taxes, including penalties, which are due under the provisions
of § 921(c) of this title. In any such action the Foundation shall be entitled to proceed through its legal counsel, without
the need of obtaining any prior approval, and the Foundation shall, if it prevails, be entitled to recover its reasonable
costs and expenses, including reasonable attorney's fees. Nothing contained herein shall preclude a county or school district
from pursuing legal action to collect, on behalf of the Foundation, the Foundation's share of the roll-back tax through either
independent action or as part of another action. Upon collection of the Foundation's share of the roll-back tax through such
legal action the amount collected, after deduction of the seven and a half percent administration charge, shall be forwarded
to the Foundation.
68 Del. Laws, c. 118, § 2; 68 Del. Laws, c. 371, § 6.;
§ 921. Funding.
(a) The Director of the Office of Management and Budget and the Controller General are authorized to transfer the sum of $48,000
from the Office of Management and Budget Contingency Appropriation Salary, (10-02-04), contained in Senate Bill No. 500 of
the 135th General Assembly (Fiscal Year 1991 Appropriation Act) for use by the Foundation to carry out the purposes of this
chapter. Any Foundation funds not otherwise appropriated or encumbered as of June 30, 1991, shall be considered a continuing
appropriation for Fiscal Year 1992.
(b) The Secretary of the Department of Agriculture is hereby authorized and directed, on behalf of the Foundation, to apply
on or before August 1, 1991, for federal funding available to the State under the Farms for the Future Act of 1990 (7 U.S.C.
§ 4201 et seq.) by submitting any necessary applications and taking such other action to qualify for eligibility.
(c) All moneys collected by the respective county receiver of taxes, treasurer or director of finance as the Foundation's
share of roll-back taxes under § 8335(d) of Title 9 shall, when collected and after deduction of the seven and a half percent
administration charge, be transferred to the Foundation for use in carrying out the purposes of this chapter. The Foundation
shall be entitled to adopt and impose procedures and requirements to assure collection of its share of roll-back taxes and
the Foundation shall be entitled to notify county taxing authorities of lands subject to the agricultural lands preservation
assessment and upon such notification such county taxing authorities shall include the amount due on the property tax statements
submitted with respect to the converted lands. Nonpayment of the Foundation's share of the roll-back tax, including penalties,
shall when payable result in the imposition of a lien on the land for nonpayment, which lien shall qualify for all purposes
as a lien under § 2901 of Title 25.
(d) There is hereby established a Committee on Funding for Farmland Preservation, which shall consist of 2 members of the
Delaware Senate as appointed by the President Pro Tem of the Senate, 2 members of the Delaware House of Representatives as
appointed by the Speaker of the House of Representatives and 3 members appointed by the Governor. The Committee shall review
and consider ways and means of providing reliable, short-term and long-term funding for the permanent preservation of viable
agricultural lands. The Committee shall also review and consider ways and means of creating economic incentives for the establishment
and expansion of Agricultural Preservation Districts and the acquisition of agricultural lands preservation easements, such
as the use of tax credits for activities undertaken in Agricultural Preservation Districts which reduce or eliminate the impact
of the release of pollutants to the environment. The Committee shall report its findings to the Governor and the General Assembly
on or before March 1, 1993.
(e) All moneys directed to the Foundation under this chapter, either directly or indirectly, shall be for the exclusive benefit
of the Foundation in carrying out the purposes of this chapter. Such funding shall be considered separate and distinct from
any other funding authorization, even though the funding amount may be determined on the basis of tax rates, assessments or
by other means used by other entities.
68 Del. Laws, c. 118, § 2; 68 Del. Laws, c. 306, § 1; 68 Del. Laws, c. 371, §§ 4, 5; 75 Del. Laws, c. 88, § 21(2).;
§ 922. Condemnation of Preservation District lands.
Nothing contained in this chapter shall prohibit the exercise of powers of eminent domain or condemnation with respect to
lands located in an Agricultural Preservation District; provided, however, that the compensation paid for such lands by the
condemning authority shall be based on the highest and best development use of the property with no consideration given to
the restrictions and limitations imposed under this chapter; and provided further, that the condemning authority shall also
include in its taking such additional lands rendered unusable or unprofitable for intended agricultural uses. Payment of compensation
shall be made to the owner or, in the event the property is subject to a preservation easement, to the owner and the Foundation
in accordance with their respective interests.
68 Del. Laws, c. 118, § 2.;
§ 923. Interim Foundation staffing.
(a) Until such time that funding is available to support a permanent Foundation staff, the staff support necessary for Foundation
activities provided under this chapter shall be provided by the Agricultural Lands Preservation Section of the Department
of Agriculture. Such Section shall, within 9 months of July 8, 1991, prepare in coordination with the Department of Natural
Resources and Environmental Control and the Planning and Zoning Commissions of the respective counties, for review and consideration
of the Foundation, the following:
(1) Proposed additional criteria for establishment and maintenance of Agricultural Preservation Districts;
(2) A proposed selection system for scoring, ranking and prioritizing applications for conveyance of preservation easements;
(3) A draft statewide agricultural lands preservation strategy; and
(4) Proposed procedural rules and regulations for conduct of the internal affairs of the Foundation, including the development
of draft application forms and procedures for conducting business.
(b) The Department of Agriculture shall provide to the Foundation the administrative support necessary for the organization
of the Foundation, including accommodations for meetings until such time that an office is opened by the Foundation.
(c) The Foundation shall, from its sources of funding, reimburse the Department of Agriculture for any out-of-pocket costs
expended by the Department of Agriculture on behalf of the Foundation which are related to efforts undertaken by the Department
of Agriculture under this section.
68 Del. Laws, c. 118, § 2.;
§ 924. Governmental cooperation.
All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and
empowered to cooperate with, aid and assist the Foundation in effectuating this chapter and any amendment hereof or supplement
hereto.
68 Del. Laws, c. 118, § 2.;
§ 925. Recording.
The Foundation shall submit executed documents for recording in order to fully implement and enforce the provisions of this
chapter. The offices of the Recorder of Deeds for the respective counties shall receive and appropriately index any such
documents submitted by the Foundation. No recording cost, fee or charge of any nature shall be imposed for the recording of
any documents or other materials submitted by the Foundation for purposes of implementing the provisions of this chapter.
68 Del. Laws, c. 118, § 2; 70 Del. Laws, c. 51, § 3.;
§ 926. Tax status.
The duties and functions exercised by the Foundation under this chapter, and any amendments hereof or supplements hereto,
are and will be in all respects for the benefit of the people of the State and for the protection of their health and welfare.
To this end, the Foundation shall be regarded as performing essential governmental functions in exercising such duties and
functions and in carrying out this chapter and any law relating thereto, and shall not be required to pay any taxes or assessments
of any character, levied either by the State or a political subdivision thereof, upon any of the property used by it for such
purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The acquisition and transfer
of preservation easements hereunder shall be exempt from all realty transfer tax imposed under Chapter 54 of Title 30 and
any county or municipal ordinance requiring payment of a realty transfer tax.
68 Del. Laws, c. 118, § 2.;
§ 927. Judicial review.
Judicial proceedings to review any rule, regulations or other action of the Foundation or to determine the meaning or effect
thereof may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date
of the promulgation of the rule or regulation or other action of the Foundation.
68 Del. Laws, c. 118, § 2.;
§ 928. Public hearings.
For any public hearing conducted under the provisions of this chapter, the Foundation shall provide at least 20 days advance
notice published in a daily newspaper of general circulation throughout the State. For a public hearing on a regulation or
plan proposed for adoption the notification shall include a brief description of the regulation or plan, the time and place
of the hearing, and time and place where copies of the proposed regulation or plan may be obtained or reviewed. A record
from which a verbatim transcript can be prepared shall be made of all public hearings and shall, along with the exhibits and
other documents introduced, constitute the record.
68 Del. Laws, c. 118, § 2.;
§ 929. Construction of chapter.
This chapter and the regulations promulgated thereunder shall be construed liberally to effectuate the legislative intent
and as complete authority for the performance of each and every act and thing herein authorized.
68 Del. Laws, c. 118, § 2.;
§ 930. Rules and regulations; investigations; review by Attorney General.
(a) The Secretary of the Department of Agriculture may establish and promulgate such rules and regulations as he deems necessary
to enforce the state policy established under this chapter.
(b) Whenever the Secretary of the Department of Agriculture has reason to believe that a public agency's action will have
an adverse impact on agriculture without an ample finding of public need or is harmful to the maintenance and preservation
of agricultural activities, the Secretary may conduct a hearing to investigate the actions and make recommendations consistent
with this chapter to the public agency.
(c) Whenever the public agency disagrees with the Secretary's recommendations, the Secretary may request the Attorney General
to review the record of the hearing on the matter and determine whether a Chancery Court action for injunctive relief consistent
with this chapter is warranted.
64 Del. Laws, c. 465, § 1; 68 Del. Laws, c. 118, § 1.;